Tradesmen's National Bank of Philadelphia v. Green
Court of Appeals of Maryland
Appeal from the Baltimore City Court. The action in this case was begun in the Court below the 11th July, 1879. On the 19th January, 1881, by leave of Court, the following amended declaration was. filed : The plaintiff, by Robert D. Morrison, its attorney, sues the defendants for that the defendants, on the 26th day of June, 1878, made and executed a certain writing in the words following, to wit: Baltimore, 26th June, 1878. We, the undersigned, Commissioners of Madison…
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Appeal from the Baltimore City Court. The action in this case was begun in the Court below the 11th July, 1879. On the 19th January, 1881, by leave of Court, the following amended declaration was. filed : The plaintiff, by Robert D. Morrison, its attorney, sues the defendants for that the defendants, on the 26th day of June, 1878, made and executed a certain writing in the words following, to wit: Baltimore, 26th June, 1878. We, the undersigned, Commissioners of Madison Square, hereby promise to pay to the order of A. Betticord, or bearer, the sum of four hundred and seventy-six dollars and…
1Opinion of the CourtRitchie, J.
The judgment haying heen entered below for the defendants, present appellees, upon their general demurrer to the declaration, we have to determine in this appeal simply whether the demurrer was well taken. The appellees rest their demurrer upon two grounds : First, that the chose in action declared on is not a negotiable instrument, and therefore the plaintiff could not maintain the suit in its own name. Second, that the declaration is bad because it does not contain the averment “ for money payable by the defendants to the plaintiff.”
We concur with the appellees in not considering the…
2Cases cited2 opinions
- Merryman v. RiderCourt of Appeals of Maryland · 1871
- Hampson v. Owens ex rel. StowCourt of Appeals of Maryland · 1881
3Cited by2 opinions
- Garford Motor Truck Co. v. BucksonSuperior Court of Delaware · 1927
- Giessman v. County CommissionersCourt of Appeals of Maryland · 1945